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Patna High CourtCR. MISC./17204/2019disposed

Md. Akabar Ansari @ Akabar Ansari v. The State Of Bihar

2019-05-17Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17204 of 2019 Arising Out of PS. Case No.-1385 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Md. Akabar Ansari @ Akabar Ansari Son of Aslam Ansari Resident of Village - Chhatarpura, P.S.- Chauri, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Najo Parveen @ Shahnaz Bano Wife of Md. Akabar Ansari @ Akabar Ansari D/o- Md. Sarfuddin Mian, Resident of Village - Muradpur, P.S.- Narayanpur, District - Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 This is an application for grant of anticipatory bail in connection with Tr. No. 4380 of 2018 arising out of Complaint Case No. 1385C of 2017, disclosing offences under Sections 341, 342, 323, 504, 406, 498(A) of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.

Allegation as per complaint petition against the petitioner is that he subjected his wife with cruelty and harassment with respect to demand of a motorcycle and finally on 17.04.2016, the accused persons including the petitioner snatched her valuable belongings and ornaments and driven her out of the matrimonial house.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.17204 of 2019(3) dt.17-05-2019 2/3 that the allegation is false and concocted and he is still ready to keep her with full dignity and care.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2, who has submitted that she is also ready to reside with the petitioner, if he assure to keep her with full dignity and care.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below on 03.06.2019 and on that date, the opposite party no.2 shall also remain present in the court below and on filing an application by the petitioner that he is still ready to keep the opposite party no.2 with full dignity and care and also ready to take her from the court below itself and another petition filed by the opposite party no.2 that she is ready to reside with the petitioner where petitioner resides and after considering the same, the court below shall release the petitioner on provisional bail for a period of six months to his own satisfaction and during that period, the learned court below shall watch the marital relationship of the parties and also conduct of both the parties by calling them in the first week of each month and once the learned court below is satisfied with the conduct of both the parties, specially the

Patna High Court CR. MISC. No.17204 of 2019(3) dt.17-05-2019 3/3 conduct of the petitioner, he shall confirm the provisional bail of the petitioner, otherwise, he is free to pass any other order or orders as he deems fit and proper.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T